Rule Impacts Report

Juvenile

 Rules of Procedure for the Juvenile Court

 Rule  Will Affect   Summary and Impact 

Rules 38, 40, 47.1, 50, 52, 56

R-10-0028

Emergency effective date:

July 29, 2010

Open for comment until May 20, 2011

AOC contact:
C. Lautt-Owens

Superior court

Judges

Clerks

Admin
Rules have been amended to conform to statutory changes.

Impacts:

1.  Rule 38(A) (appointed counsel for the child) and Rule 40(A) (an appointed guardian ad litem for the child) require that the appointed individuals meet with the child before the preliminary protective hearing, and if that is not possible, within fourteen days thereafter.   These individuals must also meet with the child before any substantive hearing, unless this requirement is modified by a judge upon a showing of extraordinary circumstances.

2. Rule 47.1 requires that new mandatory judicial determinations must be made: at the initial dependency hearing (whether the department is attempting to identify and assess placement of the child with the child’s siblings, if such placement is possible and in the child’s best interests); and at the permanency hearing (what efforts have been made in the permanency plan to place the child with the child’s siblings or to provide the child with frequent visitation or contact with the child’s siblings, unless  that is not possible or it is contrary to the child’s or sibling’s safety or well being.)

3.  Rule 56 requires that at the disposition hearing, the court must make the determinations required by Rule 47.1 (a conforming technical change.)


Rules 41, 48(c), 52, and 54

R-09-0043

Effective date:

September 2, 2010

AOC contact:
C. Lautt-Owens

Superior court

Judges

Clerks

Admin

These rules have been amended to conform to legislative changes that dependency, guardianship, and termination proceedings may be closed to the public upon a showing of good cause.

Rule 41(G) has a technical change regarding a section reference.

Impacts:

  • Rule 48(C) requires that a notice of hearing advise of the right to request, or to make a motion, prior to a hearing that the hearing be closed.
  • Rule 52(C) requires that the court advise the parent, guardian, or Indian custodian at the initial dependency hearing of the right to request prior to a hearing that the hearing be closed to the public.
  • Rule 54(B) requires that the court determine at the pretrial conference whether the trial will be closed to the public.

Rule 107

R-09-0020

AOC contact:

Mark Meltzer

Supreme Court

Court of Appeals

Clerks

The rule has been amended in conformity with 2009 revisions to the civil appellate and criminal rules of procedure that establish word and words per page limits for petitions for review, and that require a certificate of compliance with those limits.

Impact:
  Clerks should assure that petitions for review contain the required certificate of compliance.